Divorce is an emotionally taxing procedure, and one of the distressing and damaging grounds for divorce is adultery. In the state of Georgia, adultery can hold specific legal consequences in divorce cases. This article delves deeper into understanding how adultery affects divorce proceedings in Georgia, shedding light on its impact on settlements, ways to prove it in court, and its relation to child custody.
Understanding Adultery in Georgia
Adultery, as legally defined in Georgia, occurs when a spouse engages in sexual intercourse with someone other than their partner. It is acknowledged as one of the twelve grounds for divorce in the state. However, to consider adultery as a valid reason for divorce, proof must be established within the court.
Adultery’s Impact on Divorce Settlements
Adultery can significantly influence divorce settlements in Georgia. If adultery serves as the basis for the divorce, it becomes a crucial factor in deciding matters such as alimony and property distribution. Courts in Georgia include adultery as a consideration when determining what distribution qualifies as "equitable" or fair in divorce cases. Consequently, the spouse who committed adultery may receive a smaller share of the couple’s assets or property.
Furthermore, the court often orders the adulterous spouse to pay higher amounts of alimony or spousal support. In some instances, the court may completely deny the adulterous spouse the right to receive any alimony payments.
How Adultery is Proven in Court
Proving adultery within the confines of a Georgia court can be arduous. The burden of proof lays on the spouse making the accusation, and they must present concrete evidence demonstrating that their partner engaged in sexual intercourse with someone other than themselves. Evidence such as emails, text messages, social media exchanges, and photographs may be admissible in court.
In certain cases, hiring the expertise of a private investigator can be beneficial in gathering evidence to support claims of adultery. However, it is important to note that this approach can be quite expensive.
Adultery and Child Custody
Typically, adultery does not play a prominent role in determining child custody in Georgia, except in extreme circumstances. For instance, if the court deems that a child’s well-being is at risk due to the adultery, the judge may take it into account when making custody decisions. However, in most cases, adultery does not directly impact custody determinations.
Conclusion
Adultery, a devastating issue within marriage, carries lasting legal implications during the divorce process, particularly in Georgia. If you find yourself contemplating divorce due to adultery, seeking guidance from an experienced divorce attorney is essential. They can offer valuable advice on navigating the legal system, potentially lessening the impact of adultery on your divorce settlement.